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COW Minutes 2002 08-20-02 1 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE AUGUST 20, 2002 7:00 P.M. Afto MEMBERS PRESENT: Mayor Art Prochaska Alderman Lang Kot Alderwoman Valerie Burd Alderman Paul James Alderwoman Rose Spears Alderman Richard Sticka City Clerk Jackie Milschewski City Treasurer Bob Allen (until 9:30 P.M.) CITY STAFF PRESENT: City Administrator Tony Graff' Finance Director Traci Pleckham City Attorney Dan Kramer Public Works Director Eric Dhuse Police Sergeant Ron Diederich GUESTS: See attached list. PRESENTATIONS Aurora Area Convention & Visitors Bureau ( AACVB) Alderwoman Burd stated that it was time for Yorkville to renew their contract with AACVB. She has been the City Council's liaison with the organization for four years and she commented that she has seen the dynamic advertising the group has done to highlight the Aurora area. Alderwoman Burd introduced Sue Voss and Jeff Flahaven from the Aurora Area Convention and Visitors Bureau. She commented that Ms. Voss is always available for the City, is a great resource and has been helpful when it came to grants and how to write them. Alderwoman Burd gave her support for the renewing of the contract with AACVB. Ms. Voss, Executive Director of AACVB, began her presentation (see attached) by stating that AACVB is a not- for -profit marketing and management organization. She covered the following information about AACVB: • AACVB's Mission • Funding Impact of Tourism - 90% of 3% of local bed tax, gaming tax, etc. • Impact of Tourism in Illinois - number of visitors, taxes generated, etc. • Impact of Tourism in Kendall County • Expenditures - climbed 3.2% • Employment - 170 people in county • State Tax - 1.34 million • Local Tax- $360,000 • Yorkville & AACVB - promoting Yorkville for 12 years • Yorkville's Investment - $15,000.00 /year What does Yorkville get? • Featured in AACVB Publications - Fox River Glove Box Guide, Fox River Bike map, etc • References in the Visitor Guide - Lyon Farm, Yorkville Riverfront Festival, etc • Illinois Coupon Book - Freeman Canoe rental features • Ads in Numerous Regional & National Publications - reaches over 12 million households 2 Other items covered in the presentation: • AACVB Last Fiscal Year - did $420,000.00 in advertising, spent $20,000.00 in postage, etc. • Throughout the Year - worked trade shows, hosted tours, processed requests for information, etc. • Website - enjoyaurora.com - hyperlinks to Yorkville site, lists Yorkville shopping and events, etc. • Technical Assistance Securing Grants • Does It Work? - 34% of people requesting information do visit. In conclusion, Ms. Voss stated that AACVB postively impacts the number of visitors to the area; Yorkville marketing dollars are spent in most cost - effective way; Yorkville is frequently referenced in award - winning AACVB publications and its website; there are exclusive co -op opportunities and AACVB offers Yorkville grant and other tourism - related assistance. She urged the City Council to renew the five -year contract. She asked for questions or comments. Alderman Sticka asked about the coupon program and how many coupons were used for Freeman's Canoe. Ms. Voss stated that she hadn't received that information back from the state yet because the coupon program runs from Memorial Day to Labor Day. She will have that information by mid- September. Treasurer Allen stated that Greg Freeman told him that he had received a few. Alderman Sticka asked how Yorkville was represented in advertisements in the publications that she mentioned. Ms. Voss stated that Yorkville is not specified in the ads but the Aurora area is. She gave an example of how the advertising reached communities by citing a sport article that mentioned Oswego. Alderman Sticka noted that he heard that Oswego is not renewing their contract with AACVB. Ms. Voss stated that they have not decided yet. Mayor Prochaska asked if there was any way to get the word out about things like Yorkville's Riverfront Festival Labor Day weekend. Ms. Voss indicated that if a Festival vender or area merchant wanted to offer a coupon she could put it out on the AACVB's E- Blast. This would be sent to anyone subscribing to the website and they would be made aware of the Festival. Ms. Voss commented that they were thinking of doing a "snap shot" of each participating community in next years visitor guide. Mayor Prochaska noted that the kiosk downtown would be a good spot for a one -page community information brochure. She stated that they could look for ways to better use the kiosk, Alderman Sticka asked why the Riverfront Festival was not mentioned in the glove box guide and Ms. Voss stated that she did not know why it was not included. She apologized for the oversight. Alderwoman Spears verified if Yorkvill was being offered a five -year contract and if all the communities had a five -year contract. Ms. Voss said yes it was for five years and basically AACVB had a single contract with all seven communities. The contract was negotiated at the same time and the communities sign the same contract, Alderwoman Spears asked if the contract could be for a shorter term since Yorkville is growing. Ms. Voss stated that if six communities asked for a shorter contract they would consider it. She felt that even with the community growing, it would still be beneficial for Yorkville to have a relationship with AACVB. I Alderwoman Burd pointed out that even if the community grew, she would advocate being part of AACVB because any extra income that would come with growth could be applied to single 3 advertising for promoting Yorkville. She felt that Yorkville could never get enough funds to do what AACVB is doing. Mayor Prochaska stated that Yorkville fills out a form indicating activities and events and he asked if the City could preview the publications before they are printed. He noted that Alderman Sticka just saw that Yorkville's biggest event was not included in a publication. Ms. Voss stated probably not because the publications are being produced with deadlines. Mayor Prochaska asked if a City representative such as Alderwoman Burd could see and proof and Ms. Voss that would be easier and possible. Alderwoman Burd asked how AACVB develops relationships with businesses such as Freeman's Canoes. Ms. Voss stated that they approach businesses and asks them if they would participate. City Attorney Kramer indicated that he had not received a copy of the contract for review. Ms. Voss stated she would fax a copy to him. The Mayor indicated that no one on the Council had reviewed the contract. Alderwoman Spears asked how Ms. Voss would bring a shorter term for the contract to the other communities involved and she stated that the communities would being this to them. She indicated that she still had other communities to meet with. Mayor Prochaska recommended bring this item to the next Committee of the Whole (COW) meeting on September 3, 2002 for further discussion. He asked if Ms. Voss or an AACVB representative could attend. NEW BUSINESS Alternate City Attorney Mayor Prochaska moved this item up on the agenda. He reported that the current alternate City Attorney, Melissa Barnhart, has asked to be released from the position because she has local clients that could create a conflict of interest. He stated that this item has been before the Administration Committee and turned the floor over to Alderwoman Spears. Alderwoman Spears reported that the Administration Committee met with John Wyeth. He is available to work with the City of Yorkville in matters that might be a conflict of interest for the current City Attorney, Dan Kramer. The Administration Committee is recommending Mr. Wyeth for the position. Mayor Prochaska gave some background information about Mr. Wyeth. He is a practicing attorney who lives in Oak Creek development outside of Yorkville. His children are in the Yorkville school district and he is involved in several youth sporting events. He has worked with park districts and other government bodies and is familiar with state statutes. i Mr. Wyeth addressed the Council. He thanked the Mayor, City Administrator and the Administration Committee for their support. He explained that he has fifteen years of experience working with local government in the form of park district. He is familiar with ordinances, resolutions, etc. He stated that he is looking forward to working with the City. Alderman Sticka quoted Mr. Wyeth's May 8, 2002 letter to Mayor Prochaska in regards to representation of land developers and asked if he was expecting to represent land developers. Mr. Wyeth stated that this could be possible but currently he is not. Alderman Sticka asked if the City Attorney could not represent the city in court, was Mr. Wyeth experienced with this and he sated that yes he was. 4 Alderman Kot asked if the City was looking to retain Mr. Wyeth or his firm. Mayor Prochaska stated that an attorney is named and he could assign someone from his firm.. Treasurer Allen asked if there would be a motion required to discontinue the relationship with Attorney Barnhart and Attorney Kramer stated that she tendered a resignation. This item was sent to the August 27, 2002 City Council meeting agenda. OLD BUSINESS Tucker PUD Clarification - Parking/Landscaping Setback City Administrator Tony Graff reported that Union Bank is proposing to build a new building on a Tucker Development outlot. A question arose regarding the use of a thirty -foot easement in front of the building and along Route 34. He asked the Council to refer to the two attachments in their packets showing a drawing of the site and a legend (see attached). The drawing shows a parking/landscape envelope of thirty feet. By using the wording parking/landscaping a conflict was created. The building has been designed allowing some parking in the landscape envelope. City Planner Mike Schoppe has indicated that this is workable and there will be fifteen to eighteen feet of landscaping. The Union Bank representatives brought in the plan about six months ago and no one on the city staff saw this as a conflict. Building Inspector Bill Dettmer questioned the plan while he was doing his final review before issuing the building permit. Now the staff needs a clarification. Should the area be parking/landscape or as per the legend, only for landscape? Attorney Dan Kramer stated that this was not made totally clear. The pictorial legend indicates landscaping but the drawing indicates parking/landscape envelope. He did not feel this was done to deceive anyone. He stated that Mr. Dettmer believed, based on the language, that some parking could be in the area. Mr. Kramer stated he agreed with Mr. Dettmer but there was a question regarding how much should be green area and how much parking. Mayor Prochaska gave his interpretation of the drawing. He felt that the notation on the drawing was not clear. He felt that because there wasn't space to clearly note the areas, someone put the headings together. He stated that reading the drawing verbatim might not be clear so hatching was used in the areas to clarify them so that it can be more distinctly determined which area is which. He stated that was the intent on this drawing; the area with crow's feet hatching is the landscape portion and the dot hatching is parking. The Mayor commented that if the City Engineer asked the engineer who drew the drawing to change the wording, he probably would be told he was being too picky. Alderman Sticka commented that the intent of the City was for the thirty feet to be for landscaping and not parking. Mayor Prochaska agreed with this. Mr. Kramer stated that Mr. Dettmer found something in the PUD to the contrary and that is why he raised the question. I Mr. Graff stated that allowing the parking would either create the need for a variance or an amendment to the PUD however there is no hardship or harm being done. He stated that Mr. Dettmer, Mr. Shoppe and Mr. Wywrot indicated that the building permit could be issued and the parking qualifications can be met within the parking envelope. Mr. Graff noted that Union Bank representative Steve Howlett from PG Architecture (present at the meeting) understands that the Council could rule that the legend is the correct interpretation. Mr. Graff noted that Union Bank has spent money to perform a staff review and they are wondering if there is a compromise the City Council would consider such as some another version of the current site plan. They would like to avoid having to redesigning the whole site. i 5 I Mr. Graff stated that Mr. Schoppe stated that he has seen this type of plan before and it is preferable however, there isn't enough landscape area to meet the requirements. Mr. Schoppe has stated that it is a beautiful plan and the building is a good design. Mr. Howlett addressed the Council. He stated that this problem is not a deal killer for Union Bank and they note the graphic nature of the drawing is misleading to the point that three professional planning firms, including the city staff, interpreted this the same way PG Architecture interpreted it. He noted that this drawing and legend has been around for eighteen months. He felt that this is a major problem because at this point there has been $100,000.00 worth of a design process on a $1.5 million project. There has been approximately $250,000.00 of site work done on this graphic and up to this point it has not been interpreted differently. Mr. Howlett stated that changing the site plan is a catastrophic change to a good outlot plan. He felt that not having parking along a major thoroughfare like Route 34 is detrimental to the layout. He stated that they are open to compromise and are willing to cut out a lot of the parking if it means putting in more islands or green space but the bank would like to have some parking along the road. He felt no one misinterpreted the graphic and he agreed there is confusion but everyone seems to have interpreted it the same way. Mr. Howlett distributed drawings of the existing plan along with a possible alternative plan (see attached). He hoped the Council would put the staff and Mr. Schoppe in a position to develop a reasonable compromise. He indicated that they are days away from their initial digging. Any change to the site plan at this point would stop the project and this would be costly due to lost time and re- engineering. He read from page 11 of the PUD, which stated that "the actual building footprint and parking lot location for each building constructed within the property may be adjusted to meet the reasonable needs and requirements of the uses of such building provided...." Alderman James asked about the thirty foot in question and how far back it is to the utility easement. Mr. Howlett stated that the utility easement was approximately fifteen feet and the current design set the parking 16 feet from the curb. Alderman Sticka asked Mr. Howlett if the way the drawing was being interpreted, it might have said no landscaping was required. Mr. Howlett stated that this was open to staff interpretation and could have been interpreted this way. Alderman Sticka asked if the City Engineer agreed with this position and Mr. Howlett stated the interpretation was that the area could be landscaping and parking mixed. Mr. Graff stated that he spoke with Mr. Wywrot who indicated that landscaping and site design are Mr. Schoppe and Mr. Dettmer's specialties. In the initial meeting six months ago, Mr. Wywrot did not review the drawing nor was it discussed. Mr. Wywrot became more involved when the engineering was submitted. At this time, he reviewed the PUD and noticed the exhibit and wondered what the interpretation was. Mr. Wywrot consulted Mr. Dettmer who stated that it was a mix use envelope. Mr. Wywrot didn't agree or disagree with this. Mr. Schoppe got involved and he agreed with Mr. Wywrot that the legend is the indication of the use. The City standard is thirty -feet and the City would not have agreed to a mix use envelope. At this point, Attorney Kramer was asked for a legal opinion and he stated that this needed to be clarified by the City Council. Mayor Prochaska's concern was if the plans for the outlots on the other side of Ace Hardware are noted in the same manner. Whatever the Councils' interpretation is, it will be carried through the entire PUD. Mr. Kramer stated that he thought that there was a specific variance with Inland that allowed for parking closer than thirty feet. He stated that it was not shown in a graphic but in text. Mayor Prochaska stated that there wasn't text to go along with the graphic in question: any verbiage added would cause the PUD to change. He stated that he had a hard time in allowing this I 6 because that is what will have to be done in the other lots. It was discussed that whatever was decided by the City Council would govern all of Tucker's outlots or any other builders with parking/landscape envelope would have to come before Council for clarification. Mr. Kramer stated that the PUD didn't have to be revised but a minor modification is needed to allow this. Alderman Sticka expressed his concern with the future widening of Route 34. That was the reason for choosing the thirty-feet of open space without parking. He expressed his disbelief that no one questioned the graphic. Alderwoman Burd asked who drew the exhibit and Mr. Kramer stated that it wasn't PG Architecture and he wasn't sure who did it. She asked if it could be changed so that this does not happen again in the future. She questioned if they could receive a variance for this and Mr. Kramer recommended against this because variances are granted in the case of hardships and this is not the case. Mr. Graff clarified that if there is a site plan issue such as this, the applicant needs to come before the Council to ask for approval before a building permit would be issued and Mr. Kramer agreed. He stated that it would be at the Council's discretion to grant the modification. Alderwoman Burd questioned if the Council grants a modification to one it doesn't necessarily mean it needs to be granted to another. Mr. Kramer stated that the modifications would be on a case to case basis. Alderwoman Burd stated that she didn't want to give up the landscape buffer because it makes it more attractive from Route 34 and Alderman Sticka agreed. Mr. Graff stated that if the Council would allow them the mixed use in the envelope, they are willing to go back and work with Mr. Schoppe on a compromise plan. They will try to develop a plan that gets as close to the thirty -foot landscape buffer plan. If the Council does not give approval to the site it is subject to a redesign or a legal review to interpret the drawing. Mr. Kramer indicated that the legal review could go either way. Mr. Howlett indicated that the plan could be changed to alternate the panting with green space and trees. Mayor Prochaska commented that there was green space to the south of the building and he wondered if it would be possible to change the plan so that the building was closer to the south lot line. Mr. Howlett stated this wasn't possible because the canopy of die drive- through was already on the easement line. Mr. Dhuse indicated that there was a water main at the easement. Mr. Graffnoted that the design for the building is unique for Yorkville: each Union Bank is different is each community. The uniqueness of the building sets a standard for the others that will follow. Alderwoman Spears commented that she viewed the artist rendering of the building at the ground breaking and she felt it was an attractive design and complimented the Jewel building. She recommended working with Union Bank to produce an outstanding product. Alderman Kot asked what the time line was for the building. Mayor Prochaska stated that regardless of what the Council decides, the building permits can be issued. Mr. Graff stated that the only thing not approved at this time is the parking/landscape plan being discussed. However, Union Bank would like everything approved before proceeding. Alderman Kot asked how long it would take to put together an alternate plan. Mr. Graff felt that Mr. Howlett and Mr. Schoppe could possibility come up with an alternate plan in a few days and have a new site plan and comment from Mr. Schoppe for the City Council meeting. Alderman Kot felt it wouldn't hurt for the Council to see an alternative plan. If the Council doesn't like the new plan, they do not have to vote for it. Mr. Howlett stated that if the Council were willing to give him a grace period, he would have a large colored site plan available for viewing next Tuesday. He was comfortable 7 that this could be completed and reviewed by Mr. Schoppe by August 23, 2002 so it could be discussed at the August 27, 2002 City Council meeting. Alderman Sticka was still concerned about the remainder of the development. Mayor Prochaska stated that the City Council would make the decision on anything else that comes up regarding this. Mr. Graff stated that the City Council's conversation regarding this matter gives the staff clarification to tell future builders that if there is similar descrepancy they will have to come before the Council for approval. Mayor Prochaska asked the Council if they were willing to consider a compromise design. The consensus of the Council was that they would like to see this with the thirty-foot easement closely maintained. Mayor Prochaska explained to Mr. Howlett that the question would not be if this use was allowed but rather if the Council is comfortable with a new design. This item was placed on the August 27, 2002 City Council meeting agenda. Resolution Establishing a City Policy on Street Names Alderman Kot reported that this was discussed at the last COW and was sent back to the Human Resource Commission (HRC). Alderwoman Spears reported that the HRC accepted the changes and Doug Trumball from the HRC gave the disc with the information to Police Chief Martin so he could make the changes. Attorney Kramer saw the first draft and stated that he would review the final draft by Friday, August 30, 2002. It was decided that if the final draft would be ready by August 23, 2002 this item would be placed on the August 27, 2002 City Council meeting agenda. Proposed Revisions Regarding Letters of Credit Alderman Kot reported that this item was discussed at a Public Works Committee meeting a month ago. He stated that Mr. Wywrot was reviewing the revisions. Administrator Graff commented that there was a concern with the change from a 25% reduction to 15% for major public improvements. He stated that he was waiting for Mr. Kramer's interpretation. Mr. Wywrot stated that it could remain at the 25% if it was felt the extra dollars were needed because the improvements that are left could still be beyond the 15 %. Mr. Wywrot has the authority to make the reduction. Alderman Sticka commented that he thought Mr. Graff had the authority. It was clarified that it is the City Engineer. Alderman Kot recommended bringing this item back to the September 3, 2002 COW meeting. Brisben Development Agreement Administrator Graff received a revised development agreement, which Attorney Kramer has reviewed. He stated that obligations were met on both sides of the table. Attorney Kramer had a few concerns about the agreements. He stated that more language was going to be added to paragraph D, page 3. He recommended that language be added to state that since Brisben was buying a portion of the property from Inland, that neither Inland or any other future purchaser could say there was a contractual agreement with Brisben and then they couldn't get a recapture for the road. The other point was to verify if the dollar amount for the parkland was correct and Mr. Wywrot did this. Mr. Graff verified that this amount is $115, 236.00. Mr. Kramer indicated that he would get the revisions to Mr. Graff by August 21, 2002. 8 Tony Birkla from Brisben Development addressed the Council and showed new drawings of the buildings. He noted that they have designed a better product with 50% more brick. The number of units has been reduced to 132 from 148 (10% reduction) for a better lay out. He stated that the clubhouse and pool are still included in the plan. Alderman Sticka asked if the building met the City's height requirements and Mr. Graff stated that the requirement was 35 feet to the middle of the roof and this meets the requirement. Alderman Kot asked if Mr. Birkla had a rendering of the pool and clubhouse and he stated that there was a drawing of the clubhouse in the packet. Alderman Kot asked about the pool size and Mr. Birkla stated that he didn't know the size offliand. Alderman James expressed his concern that the 264 parking spaces (132 enclosed and 132 open spaces per page 2, Article II, paragraph B) were not enough for the 132 units. He felt there were no spots for visitors. Mr. Birkla stated that there were 2.25 parking spaces per unit and only two spaces /unit are required. Mayor Prochaska noted that paragraph B states that the parking "shall consists of not less than" 264 parking spaces but the site plan shows 297 spaces. This meets the City's minimum requirement. The Mayor asked if this paragraph could be revised to state that the parking shall exceed the minim of 264 spaces by using 2.25 spaces /units. Brisben's representative agreed to this. It was decided that if the revisions to the agreement would be done by Friday, August 23, 2002 this item would be on the August 27, 2002 City Council meeting agenda. Comprehensive Plan/Zoning Issues - Update Administrator Graff reported that there is a text change in the plan, which he should have by August 23, 2002. The change regards similar language being in both the suburban zoning and transitional zoning. Mayor Prochaska explained that in the suburban land use it states that there should be sufficient open space to transition to non - compatible adjacent uses. He would like to see this statement in the transition area also. Mr. Graff stated that the goal is to have the changes by Friday August 23, 2002. He asked what was the next recommended step. Mayor Prochaska asked if the final draft and resolution could be ready by the September 3, 2002 COW meeting. Alderman James asked about the description of parks. He stated that the Park Board has a more detailed plan and Mayor Prochaska indicated that the master plan of the parks is a separate document. The land use plan for the City is needed to finish the park plan. Mr. Graff stated that the Park Plan and the Downtown Study would be included in the Comprehensive Plan. This item will come back to the next COW on September 3, 2002. NEW BUSINESS Proposed Revision to Ordinance 2001 -28 - An Ordinance Amending an Ordinance Creating City Park Board Mayor Prochaska stated that this matter was brought up at the last City Council meeting. There was a question about the organizational chart. Attorney Kramer stated that a question came up with the hiring of the new Director of Parks & Recreation as to who this position should report to. He stated that the other City ordinances creating department heads state they report to the City Administrator. The Park Board Ordinance stated that this position reports to the mayor. The recommended change to City Administrator will keep everything aligned. 9 Alderwoman Spears stated that this was discussed at the Administration Committee meeting and they recommend the change. Mayor Prochaska stated that the state statute gives general guidelines in regards to the Park Board but does not give specifics. Specifics are outlined in the Park District code but that does not apply here. He stated that Attorney Kramer is still working on the verbiage as requested by the Council and this probable won't be done for another week or so. Mr. Kramer indicated that he is bringing the two current ordinances together into a new ordinance replacing the old ones. Chris Rollins, Park Board member, commented that the last ordinance was just over a year old and the job description for the Director is only ninety days old. Both stated that the director reports to the Park Board and Mayor. He wondered what changed between the adoption of these documents and now. Mayor Prochaska noted that there had been discussion concerning the change at both times. When the job description was passed one issue was that the City Council did not want to do anything to hold up the hiring. When the candidate was announced at the City Council meeting, the Mayor reminded the Council about the wording in the ordinance. He did this so that the point of who the director reports to was clear to everyone. If this discussion is to lead to an action, the Council has to recommend that action. Mr. Rollins asked that since this decision involves the Park Board why wasn't it discussed at the City Council/Park Board Adhoc Committee meeting. Mayor Prochaska stated it was discussed at the Adhoc meeting and it was discussed at a Park Board meeting. Mr. Rollins stated that it was the Park Board's understanding that it was discussed and resolved by the approval of the job description. He stated no revision was ever requested for this job description item. Alderwoman Spears commented that it was discussed to hurry in an effort to get the description approved so that the Park Board could hire. After this, the Adhoc Committee was formed to try to work out any problems. It was the recommendation of the Adhoc Committee that it would be beneficial to the City if this position reported to the City Administrator. The Park Board would still be the advisory board. Park Board member Ken Koch asked if the City Administrator would start attending the Park ,! Board meetings and Alderwoman Spears stated that no he would not attend but Alderman James, the liaison between the City Council and Park Board, will still be attending. Mayor Prochaska stated that the City Administrator does not attend all City meetings. He explained that the Finance Director attends the Administration Committee meetings, the Public Works Director attends the Public Works Committee meetings, etc. Alderman Sticks noted that the Director of Parks and Recreation would be attending City staff meetings held by the City Administrator. Also, the City Administrator is the highest administrative position in the city and is available everyday. He felt it logical that department heads report to him. The Mayor suggested that by the next COW there be a draft of a new ordinance. This would be copied to the Park Board. Attorney Kramer asked when the next Adhoc meeting was and the Mayor confirmed it was September 3, 2002 at 6:00 P.M. and Mr. Kramer stated that he would try to have a copy before then. Alderwoman Burd stated that she was unclear on the budget. She asked if the Board administered their own budget, wouldn't the director be handling funds that only the Park Board overseas. Mayor Prochaska stated that the Public Works and Public Safety department heads deal with their budgets. If there are any issues with it they deal with the Budget Director not the City io Administrator. Alderwoman Burd stated that state statute allows the Park Board to administer their budget. Alderman James stated that this is true as long as they stay within their budget. Mr. Rollins stated that he did not feel that the Parks & Recreation Director was a department head. This person is responsible for two departments but they report to the Board. Attorney Kramer stated that the Director will report to the Board along with the mayor. Alderwoman Burd asked if this person will have duel reporting and Mr. Kramer stated that the reporting would follow the "ladder" of the City. Alderwoman Burd asked where the Park Board fit into the ladder. Mr. Kramer stated that the Mayor was the top and then the City Administrator and then the Department Head. He gave an example of the Police Department, which created a discussion as to who the Police Chief reports to. Mayor Prochaska stated that the Chief is a different situation because he is privileged to information that is not accessible to the City Administrator. Mr. Graff stated that the Police Chief reports to the Mayor and never reported to the City Administrator except in budget matters. He stated that some positions do have duel reporting responsibilities. The new director would report to the City Administrator in matters such as salary recommendations, promotions, discipline etc. In regards to the budget, the director would report to the Park Board. The City Administrator would also have to work within the perimeters that the Park Board has set for the budget. Alderwoman Burd stated that she could see the director reporting to the City Administrator however her concern is that there is currently some conflict and what would happen if the City Administrator and Park Board don't agree. Mr. Graff stated that the Park Board has the right to go to the Mayor. Alderwoman Burd asked if the Mayor has the authorization to tell the Park Board what to spend if the budget has been passed. Mr. Kramer stated that as long as the Board stays in budget they control it. He gave an example that if for some reason the City's revenues fall off, then the Board can be instructed to cut their budget and it would be their decision as where to make the cuts. Mr. Graff stated that he did some research on city parks versus Park Districts and found that most city parks have the director report to the city manager /administrator. He discussed this with Sue Swithin, Superintendent of Parks, and she agreed with this. Mr. Rollins stated that she did this in the absence of the director. Alderwoman Burd commented that the City Administrator is working daily and the Park Board only meets bimonthly. She agreed it made sense to have the director report to someone who can be reached immediately to discuss any problems. However, she felt that the City Administrator should discuss things with the Park Board not just the Mayor. Mayor Prochaska clarified that Mr. Graff stated that if he was given direction from the Park Board to do something but for some reason he disagreed, then he would involve the mayor. Alderwoman Burd stated that according to state statute in this instance the Board is the ultimate authority and the mayor does not have the right to intervene. Mr. Rollins commented that the statue states that personnel of the parks and recreation department reports to the Board and the ordinance closely mirrors the statute. He stated that this issue is very clear to the Board based on the statute. The Board does expect any director to work closely with the administrator and they feel this is different fiom reporting to him. The Board will set the direction for the city parks. Mayor Prochaska disagree that the Board should set the direction because this is what the City Council does. The Board does give direction but it also takes direction. Mr. Rollins stated that the Mayor appoints the people who serve on the Board and the City Council approves the budget and any recommendation the Board makes. The things that the Park Board tends to do flow from actions the City takes such as the planning process. The Mayor pointed out that the City Council has to approve the people on the Park Board. He also stated that the Park Board is much more involved with the city staff as compared to the Library Board. 11 Mayor Prochaska stated that the City Council needed to decide whether the Park Board should stay as is or become more advisory with the staff answers to the administrator. The state statute states that this is up to the pleasure of the Council. Alderwoman Burd questioned who initiated the change and Alderwoman Spears indicated that it was the Administration Committee, Alderwoman Burd asked if it was the wish of the Administration Committee to take away the Park Board's power and make it advisory. The Mayor stated that this is the issue and Alderwoman Burd stated that there is more here than everyone realizes. She felt that the Board has put in a lot of time and effort for the city and taking away their power seemed like some type of punishment. She felt that the Park Board had not been consulted about the change. The Mayor stated that this was put on the agenda for discussion and the Park Board was notified of it and members are present so no one is trying to do anything without the Boards consultation. Alderwoman Burd stated that there have been Adhoc meetings and this should have been discussed there and ironed out. Mayor Prochaska states that there were other issues that came up first such as salaries that needed to be discussed first. He stated that Alderwoman Burd could make the suggestion to take this item back to the Adhoc committee to work out. Mayor Prochaska stated that he has been on the Council for nine years and there have been rifts between he Council and Board all nine years. He felt that issues are finally being addressed and clarified. He stated that if this goes back to the Adhoc Committee the meetings have to stay on track to discuss policy issues not individual items that come along. Alderwoman Burd expressed her concern that each side thinks the other is out to get them. Alderman Sticka felt the psychologizing was inappropriate. He stated that the issue is that there is a Board who sets policy and someone needs to see that the policy is carried out. He expressed his opinion that this was the job of the City Administrator. Alderman James stated that he felt that the Council had heard enough opinions and the matter should be taken back to the Adhoc Committee. The Mayor agreed with this and asked that the Committee make a recommendation to both the City Council and the Park Board. Police Reports for June Alderwoman Spears noted that there was nothing outstanding in the reports and the Public Safety Committee recommended this be sent to the City Council for approval. This item was put on the August 27, 2002 City Council meeting agenda. Old Weather Siren Move & Refurbish Alderman Kot reported that the weather siren on the tower by the old fire station needed to be relocated because the old station has been sold and the tower is being moved. It has been discussed to install it by the Riverfront Park. Chief Martin sent the Public Safety Committee a memo dated July 23, 2002 outlining the cost to relocate the siren ($6,900.00). Alderman Kot asked if the funds for this have been found and Mr. Graff stated that no and he is waiting for the revised budget. He indicated that the Chief explained that the area still has coverage so the relocation is on hold until the funds are found. Director of Public Works Eric Dhuse indicated that the siren is still on the tower because they would like to only have to handle it once when it is move it to its new location. Alderman Kot asked Mr. Dhuse to ask the Bristol- Kendall Fire Department (BKFD) when they need to move the tower. If BKFD indicates they need the tower before all the funds are available, Alderman Kot felt that some funds would have to be allocated I i I I 12 I to remove the siren from the tower and store it, Mayor Prochaska asked Mr, Dhuse if Public Works would be able to remove the siren and he stated that it was recommended that Fulton Contractors do it. The Mayor asked Mr. Dhuse to contact Fulton for an estimate on the removal of the siren from the tower and bring this back to the Public Works Committee. Policy for Electronic Recording of all Public Meetings Alderwoman Sears reported that this item was discussed at the Administration Committee meeting in May. The Committee felt that as the City grows there might be a legal need to have the meetings recorded. She stated that this was also discussed previously at a COW meeting. All the records will be given to the City Clerk and held for two years. She also stated that the City was looking into transcribing equipment and Mr. Graff stated that this has already been done. Mayor Prochaska asked Mr. Kramer if he reviewed the policy and he stated that he did. Alderman Sticka asked if the tapes could be erased. He suggested that the public should listen to a copy not an original. Mr. Kramer stated that a copy could be made and if anyone wanted one they would have to reimburse the City for the copy. Alderman Sticka asked if the City could charge for the time it takes someone to copy the tapes and Mr. Kramer stated that the time couldn't be charges for but the tape could be. Mr. Kramer commended the City for taking this action. He stated that some cities destroy tapes after they are transcribed and this is a violation of the open meeting act. Mayor Prochaska asked if the retaining of the tapes for two years is consistent with statue and Mr. Kramer stated it was. This item was put on the August 27, 2002 City Council meeting agenda. IDOT Obligation Retirement Resolution (Fox Industrial Bond) Alderwoman Spears reported that this was discussed at the Administration Committee meeting and this is a standard. An obligation resolution is needed to spend Motor Fuel Tax (MFT) funds for the Fox Industrial Park. The amount of the funds is $18, 341.33. The Administration Committee recommends this. This item was put on the August 27, 2002 City Council meeting agenda. Utility Collection for Multi- family Units - Survey Mayor Prochaska noted that the survey was in everyone's packet and he asked the Council to review the information. Alderwoman Spears recommended this item be brought back to the Administration Committee meeting for discussion. Simplified Municipal Telecommunications Tax Ordinance Finance Director Traci Pleckham reported that this is a shorten version updating the tax rate change. If the ordinance is not adopted, the current rate of 5% will change to 3.5 %. She indicated that Mr. Kramer's recommendation is to keep the rate at 5 %. He stated that when the ordinance is passed, the Illinois Commerce Commission should be served with a copy in order to avoid any confusion. This item was put on the August 27, 2002 City Council meeting agenda, 13 City Collector Ordinance Attorney Kramer reported that he and Mr. Graff reviewed the ordinance and he had a few small languages changes. He stated that the ordinance mirrors the state statute by outlining what the collector can do. Mayor Prochaska questioned the salary schedule. Mr. Graff indicated the position fits under a part-time position and will go under that salary rate. Mr. Kramer went over the changes he recommended. Mr. Graff stated that previously the City had a City Clerk/Collector. It was thought there was an ordinance to cover this but Mr. Kramer could not find one. The new ordinance was created to cover this. It was decided that if the revisions to the ordinance would be done by Friday, August 23, 2002 this item would be on the August 27, 2002 City Council meeting agenda. CorLands Lease Agreement Attorney Kramer stated that he met with Jeff Greenspan from CorLands last week. CorLands is ready to close in forty-five days on the property the City wants to acquire next to the Fox River. In the lease agreement the City agrees to pay so much a year until it takes title to the property. He felt that this would come before the City Council in September. Mayor Prochaska recommended that this item be placed on the September 3, 2002 COW agenda. If there are no questions at the COW meeting it will move on to the September 10, 2002 City Council meeting agenda. Planned Unit Development (PUD) Ordinance Mr. Graff reported that City Planner Mike Schoppe was requested to prepare revisions to the PUD ordinance. Mr. Schoppe will review the ordinance so it will coincide with the new Comprehensive Plan text. This will eliminate some of the confusion in regards to density, zoning, minimum lot sizes, etc. A revised ordinance will provide clear direction for the Plan Commission, City Council and City staff. Mayor Prochaska stated that the original ordinance has been on the books a long time and since its origination techniques, statutes and thoughts of development have changed. Mr. Graff discussed Mr. Schoppe's fee for providing the revision service. Mr. Schoppe fees are on an hourly basis and he estimates his fee to be between $4,000.00 and $5,000.00. He has agreed not to proceed with services if the fee has reached $4,000.00 without authorization. Alderman Sticks stated that his fee sounded reasonable unless he doesn't complete the review and then all his previous work is worthless. Mayor Prochaska stated that this was a good point and the City does want to see this completed. Mr. Graff stated that Mr. Schoppe is nervous about the fee because he is not sure how involved the review will be. He is estimating the amount of time he feels is needed. Alderman James commented that he liked the limit because it will throw up a red flag so the City knows where he is at with the review. Mayor Prochaska noted that of all the zoning standards the City has this is the one that most needs to be up to date. Mr. Graff noted that $6,000.00 was earmarked for this service. This item was put on the August 27, 2002 City Council meeting agenda. Fox Road & Kennedy Road Update Public Works Director Eric Dhuse reported that the signs should start coming in by Friday, August 23, 2002 and they will be installed as soon as they are received. 14 American Legion - "A Day to Remember" (September 1 V Alderwoman Spears reported that this item was brought to the Human Resource Committee (HRC) and is originally from the National Conference of the American Legion, The American Legion wants to name September 11 "A Day to Remember" They are going to all the schools and public buildings recommending that the American flag be flown at half staff until noon that day. They are planning to have American Legion representatives present at all the building participating so that the flags can be raised simultaneously at noon. Mayor Prochaska indicated that the main ceremony would be at Town Square Park and he commended the members of the American Legion volunteers for doing this. Patriot's Way - Community Walk (September I I Mayor Prochaska stated that the week of September 8 has been proclaimed American Character Week. The chairman of the HRC is contacting the school principals to put something together with the Character Counts program for this week. The Mayor has offered the use of the six pillars in front of City Hall for the program. The events for the American Character Week will probably take place on Monday and Tuesday of the week with Wednesday being for the September l I remembrances. The Mayor stated that he received information from a resident about a town that painted a section of streets red, white and blue and dedicated it to the memory of those who died on September 11, 2001. The mayor indicated that Yorkville can get street paint in the three colors and he suggested creating "Patriot's Way" from the City Hall, down Game Farm Road to Somonauk Street to Church Street and then on to Town Square Park. He suggested that anyone interested in meeting at 6:00 P.M. at City Hall could join him in a community walk. He stated that he would like to invite members of the fire department, police department, county and state police, and Boy and Girl Scouts to walk with the group. He stated that he did not see this as a time for speeches but rather one of remembrance. The walk would end at Town Square Park where those walking would join in the pledge of Allegiance, a moment of silence and the singing of "God Bless America ". Alderwoman Spears indicated that HRC was contacting Senior Services and CLASY for bus service for those who might be unable to walk back. She also suggested carrying American Flags. ADDITIONAL BUSINESS Mosquito Control Program Mr. Graff stated that due to the increase of cases of West Nile Virus cases the Department of Public Health has sent out bulletins recommending what should be done to control mosquitoes. The Building and Engineering Departments have sent notices to all building projects to keep them free from stagnant water on construction sites. The City has contacted Clarke Environmental about spraying for mosquitoes. When the City had previously used Clarke for mosquito abatement, notices had to be sent to residents for them to keep their windows close and not to come out while the spraying was occurring. Now the company uses a different formula and this is not necessary. Mr. Dhuse reported that there will be two applications by truck, which will cost $52.00 /mile of road or approximately $2,080.00 /application. The first application will take place soon and another will be done in three weeks. This should last until the cool weather. In addition, tablets will be placed in sewer manholes to prevent the mosquitoes from breeding in the sewer. The i �I i 15 Riverfront Festival area will be fogged on Thursday, Friday and Saturday at a cost of $300.00 /application. The total cost of the service is $6500.00. Alderman Kot asked if Town Square Park could be fogged for Music Under the Stars on August 23, 2002 and Mr. Dhuse was not sure if they Could do this on such sort notice but he would cheek into it. Mr. Graff stated that the $900.00 for the Riverfront Festival treatments falls under the realm of the department head to approve. For the actual fogging of the streets, Mr. Dhuse will need either the Public Works Committee chairman or Mayor to approve. The funds will come out of the contingency fund. He noted that the City should consider coming up with a plan for spring when the mosquitoes breed. He stated that he has no idea of what the cost for this would be but has heard figures of $15,000.00 to $20,000.00. The program would have to identify breeding grounds and they may be on private property. Attorney Kramer may have to investigate if the City has the authority to do this. He indicated that the Public Works Committee would be updated on this. He also notified the School District that the fields were not going to be sprayed. Clarke Environmental indicated they prefer to work independently with the School District. Alderman Kot complimented Mr. Graff and Mr. Dhuse for their quick response and planning. Alderman Sticka asked how long the effect of the spray last and Mr. Dhuse stated that it is a three to four week process. Mayor Prochaska suggested that Mr. Graff contact the county and townships and discuss a plan for the spring. Bond Sale Mr. Graff stated that a memo was sent to Treasurer Allen regarding the bond sale for the water improvement project. Attorney Kramer explained that the ordinance required a separate account be set up for the money from the sale to be deposited in. Mr. Allen thought there should be Council action regarding this. There will be a motion to ratify the opening of a separate bond account. Technically it has been approved as part of the bond ordinance. Signatures needed Mr. Graff indicated that Finance Director Pleckham needed the signatures of the City Council for the bond company. Riverfront Festival Wristband Sales Mayor Prochaska reported that he had the wristband sign up sheet for the Riverfront Festival. There was no further additional business. 1 The meeting was adjourned at 10:30 P.M. Minutes respectfully submitted by: Jackie Milschewski, City Clerk 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB UL • I Y0r And the Aurora Area Convention and Visitors Bureau the AACVF) bout The AACVB is a private not for profit destination marketing and management organization. . z 1 08/22/02 10:14 FAX 630 8975581 AURORA AREA.CVB tr.vJ about t he AACV1) Our mission is to promote our service area to the traveling public. To facilitate and encourage the development of new and the enhancement of existing tourism related products and services. To educate our various publics about the value of tourism as a revenue generator and a job creator for our local communities and the state of Illinois. 3 AAM fundin8 ■ 90% of 3% local hotel bed tax . A portion of the gaming admission tax ■ As a certified' IL.CVB, we qualify for a special Local Tourism_ Convention Bureau grant ■ Other snatching grants 4 2. 08/22/02 10:14 FAX 630 8875581 AURORA AREA CVB "Y imp of Touri8m in III In 2001: ■ 85 million Number of visitors ■ $20.7 billion Visitor expenditures ■ $931.1 million State taxes generated ■ $506.9 million Local taxes generated ■ 289,000 employed Source: Travel Industry of America 5 Impact of TouriQsm in K&.ndafl County - Expenditure,5 25 - 21.19 21,ti9 20 1R 59 16.18 15 10 5 0 Visitor Expendlturea (S Milliona) O 1998 11999 ■ 2000 0 2001 Source: Travel Industry of America 6 I 3 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB L005 impact of Tourim in K6,nddCOUnty -Employment 180 IOU 170 160 tsu 150 140 . 120 100 80 60 40 20 0 Tomiam baploymenL 01998 ■ 1999 ■ 2000 ■ 20011 .Source: Travel Industry of Amerlca 7 Impact of- Tourism in K6ndd Count y - estate Tax L6 1.4 L2 1.12 1 0.93 0.8 0.6 0.4 0.2 0 BLaLe Tax Receipts (S Millions) 01998 ■ 1999 ■ 2000 ■ 2001 Source:.Travel Industry of America B 4 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB U 06 Imp act of Tourim in K6nddCOUnty -Local Tax 400 I7U 35 950 3 c 300 mn 250 150 100 50 0 I,ocB1 'Pax Q=ipLA ($ Thouwdis) ❑ 1998 ■ 1999 ■ 2000 ■3001 Source: Travel Industry of America 9 YorMe 1he AACVB ■ AACVB' has been promoting Yorkville for the last 12 years ■ Oswego has been an investing partner since 1997 when Super 8 Motel opened 5 08/22/02 10:14 FAX 630 8975581 AtTRORA AREA CVB 007 What i8 Yorkvifle' Inve (Btmcnt Amount to AACVB . ■ 15,000 per year. ■ What does Yorkville get for $15 ?... Featured in AACV5 PublicaLiom ■ Aurora Area Visitors AurcraArea ■ 18 references - ■ 75,000 circ. ■ Star Daze Events Cal ■ 15 events listed ■ 50,000 circ. m Fox River Glove Box AvroYa ,�r�a ■ 18 references ■ 50,000 clrc. ■ Fox River Bike Map ■ Hotel listed ■ 55,000 ■ Chicagoland Travel. _ • 500,000 circ. - ■ Printed in 4 languages 6 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB 141jU8 Yorkville Silver Springs as pictured in the 2002 Visitors Guide 13 Yorkde References in' the Visitors Guide ■ Lyon Farm and ■ Kendall County Village Historical Society Fall ■ Fox River Lanes Festival ■ Silver Springs 60 ■ Spooky weekends bike ride ■ Freeman's Sports ■ Kendall County Fair ■ Silver Springs State ■ Yorkville Riverfront Fish and Wildlife Area festival ■ Countryside Cinemas 14 7 03/22/02 10:14 FAX 630 9975581 AURORA AREA CVB Q09 Yorkville Qeferenccs in the ViQsitof Guide continued • Happy Hour ■ Bridgeberry Twigs Harry's ■ Yorkville Antique • Little Joe's Center ■ Silver Dollars ■ Yorkville Farmers' ■ Lidia's Motel Market ■ Super 8 Motel ■ Bridge Street Cafe 15 I I I, Coupon Book Freeman Canoe Rentals was one of only 3 area attractions featured in Illinois' new --.� coupon book. 1 50,000 were printed. 8 08/22/02 10:14 FAX 630 8975581 ALTRORA AREA CVB 210 The 1ACV5 Place8 tad in Numerous I.�egional & Na tion al Pubica Publication Circulation USA Weekend 4,854,592 Midwest Living/ Best of Midwest 1,647,050 Frommers Budget Travel 450,000 Illinois Now 600,000 Preprint Holiday Guide 1,250,000 Preprint Adventure Guide 1,725 West Suburban Living 25,000 is 9 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB I�11 The AACB Places Ad8 in Numero Qegional 0 - National PubliccaLiori6 conwued Publication C ircula #ion Chicagoland Travel Ideas 500,000 Official Chicago Visitors Guide 1,200,000 Destinations 6,000 Courier 6,000 Road Explorer 1,600 Great Lakes Group Tour 10,000 Sports Travel 10,000 19- Our print advertising reaches over 12 million households. zo 10 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB [d) 12 AAOb LnoU0 t1sCa1 Year... II ■ Advertising valued at $420,000 ■ $101,000 in printing and production of award - winning AACVB publications s Spent $20,.000 in postage costs alone 21 Throughout the year we ■ Work approximately 9 trade shows PP Y ■ Host 2 familiarization tours ■ Coordinate several site inspections ■ Pitch travel writers and editors with Aurora Area story ideas ■ Process approximately 20,000 requests for information ■ Distribute over 167,000 brochures, maps, guides, etc. ■ Our website... 22 li 08/22/02 10:14 FAX 630 8975531 AURORA AREA CVB WJ13 E n j oya uriora. coin ■ This award - winning site hyperlinks to Yorkville site ■ Allows online hotel reservations ■ Lists Yorkville shopping and events ■ Allows our Yorkville partners to send �► Z2 super specials and 3Y;mw Y notices to 2,0 "°� ` _ members in our Shopping e -mail permission marketing database r n9 ue. eo wA e+Ae ■ Enjoys 10,000 unique aL�.1. I. �.. LiKlorYOt li; J..ua visitors per month An other Benefit Yorkville has a standing offer from AACVB to provide technical assistance in securing grant funds for tourism related projects as our resources permit. 2 12 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB 1014 It Daes Work? Our research partner, the National Laboratory of Tourism and E- commerce (NLTEQ at the University of IL, Champaign conducts a biannual conversion study for us. The most recent study shows that 34% of the people who request and receive our information actually do visit. A brand new IL Bureau of Tourism research study concludes that CVB's influence approximately 35% of all Illinois hotel stays by - stimulating decision to come - influencing ,length of stay - managing visitor Flow zs In Conclusion ■ The AACVB greatly impacts the number of visitors to the Aurora and Yorkville areas. ■ The Yorkville marketing dollar is spent in the most cost - effective way. ■ Yorkville is frequently referenced in award - winning AACVB publications and its website. ■ Exclusive co -op opportunities ■ The AACVB offers grant and other tourism - related assistance. 26 13 08/22/02 10:14 FAX 630 8975581 AURORA AREA CVB Q15 The Aurora Area CVB works very hard -to promote Yorkville and Looks forward to continuing this mutually beneficial relationship. 27 Thank You Sue Vos ■ Executive Director, Aurora Area Convention and Visitors Bureau ■ President, Illinois Council of Convention & Visitors Bureaus ■ Adjunct Professor, Roosevelt University ■ Phone: 630 -897 -5581 ■ E-mail: sue @enjoyaurora.com ze ' 14 ny . PARKIN / °4A I��DSG�PE W - ° Y .-1 PARJtING W� lA1VDSCAPE ENVE `` . W . Q i� pnoN sl(jN .5�.� EN VELOPE. '.'. ' - I - W .1 J•i'11 •FII .I I ��•� �l•t 1 J I � ° W N. � I-''•�•''•�''�• so:�.�aui�oiNc.••5e ?ea . —� I 'I �• y N i . •'. ■ Z u W � .::.:....:.::.. ....:...:.:.'..;....•,:•.,... :; ,;:.'.":.:''':: '::,':':' ..:•:.•.:.:..':.: :':. ;'. m l - . ;::•:.:•:::•::••:•';::;:;':.•:.:..:.•::'::.:;:.•:• :.: ;:...':;:.::';::;:::•..:.:•: :' BUILDING BUILDING SETBACK ••ti 2 2 ' "' 1 1 10 ICI ' i J I • � r V i r r r � V 1 • - � v ' LEGEND w EE :D BOLDING ENVELOPE = W = ELOPE I PARKING ENVELOPE W W W W W W W W - W W W y y W W W W LANDSCAPE ENVELOPE y y y W W W W W A - PARKING / LANDSCAPE ENVELOPE w (ii) Perimeter landscaping may be phased. However, said landscaping shall be installed on a lot by lot basis prior to the issuance of a final occupancy permit for each lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixty (60) days following the commencement of the next successive planting season following issuance of such occupancy permit. The perimeter landscape standards set forth in this Agreement and in the Perimeter Landscape Plan shall be the only perimeter landscape standards or ordinance applicable to the PROPERTY. J. INTERIOR LOT LANDSCAPING The interior lot landscaping plans to be submitted to the City Staffpursuant to Section 2F of this Agreement shall contain all of the information reasonably necessary to assess its compliance with this Section of the Agreement. Such plan shall be in substantially the same format as the Perimeter Landscaping Plan. (i) Interior Lot Landscaviniz Criteria: Each area on the PROPERTY developed as a parking lot shall contain one landscape island at least 180 square feet for every 21 parking spaces. The parking lot islands shall be per the approved Final Engineering Plans (Exhibit "B-4 ") which is attached hereto and incorporated herein by reference. The landscape island shall contain one tree and any combination of the following: mulch, shrubs or ground cover. (ii) The interior landscape standards set forth in this Agreement shall be the only interior landscape standards or ordinance applicable to the PROPERTY. K. BUILDING AND PARKING ENVELOPE _. ,The P.U.D. Plan (Exhibit "B -1 ") identifies envelopes within which the building or buildings and parking lot on each lot within the PROPERTY may be constructed ( "Building and Parking Envelope "). The purpose of the Building and Parking Envelope is to provide reasonable flexibility in design, configuration and location of the commercial buildings within the Building and Parking Envelope. The actual building footprint and parking -lot location for each building constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements of the uses of such building provided such building footprint and parking lot location is located within the Building and Parking Envelope as identified on the P.U.D. Plan. -11- ' ARKING / LANDSCAPE Y ` ; PARKING J .LANDSCAPE F_NVEL PE is a J - 'nom scw Imo:> ENVELOPE . IL t Z 22' 28' 1 �' SU BUILDING SETBACK ti 13 1 P 1 1 EU / P { VEL "c 1 ELO • - 1 1 1 1 7 2i �I 1 f� 1 1 PARKING ENVELOPE '~ r 1 4 1 1 ' 1 .. - -- ---� �r�� r+...r ■.� se.rr.r Y°�� r°rr m owJr mmte- �Y r MYm �wm mr ' t E ILDI o NVE y / PARKING / / ENVELOPE a ~� "A c n C re r000p PROPERTY LINE (273.18') \ / - UTILITY EASEMENT (151.0.) MONUMENTAL OLRECTUNAL SIGN S1CNAaE UL ij I I K <= BUILDING SETBACK (50.0') FLAG ENW PLAN I LI Ic � Y W wi HC j5 Z in umny C X : LOT 5: Ea m 0 AREA =3 I 0WCnONAL in I 51rNAGE a. 5 E z Lu a. 0 W_ I a_ ME F EME SIQVZF PROPERTY UNE (273.18') 0 I � - r" L5 PROPERTY LINE (273.18') _ _ / �� unuTy EASEMENT (15.0') MONUMENTAL SGN DIRECTIODNAL SGNACE 6 11 BUI LDING SETBACK (50.0') I I �.� i o I FLAG POLE/ e(w PLAZA Qa:m SPAXX A HC rt o CD LLJ �HC ' I I � �I — Zl� �� VI V o LOT S 5 ml F F l I = AREA 133 SIGNAM Li Z z a. U EME PROPERTY LINE (273.18') — 7 71 r_ = =. ------- I . � - - - J • m = 1! - �� -mm1 - Y r � - � - .L .L i q _ _ Y w y w PA "O`K IN 0 w�- 't A N �•S O �A PE w w W Y - 1 PA RK I,N G J .L AN DS GA P E� —�� a w W w W W . � w y W Y W w w ' ENVELOPE y u W . w. W •� w w w w V � 1 � w P`(�ON SICiKI .ST�P•� �.� � �� '� ` w , w W - _ IML WSW _ - . w W w i 11 '• :. K:. w TB _ w A ' . W x W . . . / N w W - � r y W ]_• - - ' w i• r _ w . . 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